United States v. Rosendo Salgado

MEMORANDUM

A jury convicted Rosendo Salgado of conspiracy to possess methamphetamine with intent to distribute or to distribute methamphetamine, 21 U.S.C. § 841 (a)(1), (b)(l)(A)(viii) and § 846; conspiracy to conduct financial transactions that involved the proceeds of unlawful activity, with the intent to promote that unlawful activity, 18 U.S.C. § 1956 (a)(1)(A)®, (h); and illegal use of a communication facility, 21 U.S.C. § 843 (b). The district court sentenced Salgado to concurrent 235-month and 48-month prison sentences. Salgado appeals. We, affirm.

Sufficient evidence supports Salgado’s conviction under 18 U.S.C. § 1956 . Viewing the evidence at trial in the light most favorable to the Government, a rational trier of fact could find that Salgado and his alleged co-conspirators sold drugs and deposited the proceeds from those illegal drug sales into a bank account. See United States v. Nevils, 598 F.3d 1158, 1164 (9th Cir.2010) (en banc).

The district court did not plainly err in admitting evidence of drug transactions in which Salgado was not directly involved: it is not “ ‘clear’ or, equivalently, ‘obvious,’ ” United States v. Olano, 507 U.S. 725, 734 , 113 S.Ct. 1770 ,…